Common Auto Accident Defenses

Posted Thursday, December 13, 2012 by Chris Thayer

Once you have filed an auto accident injury claim, don’t be surprised if the defendant tries to deny liability. Since the insurance company does not want to pay on a claim unless it has to, any evidence that you or someone else is at least partially to blame for an accident will likely lead to dispute. Your Seattle auto accident attorney knows how to fight for you against such defenses.

Questioning Your Injuries

One of the more common auto accident defenses is that the plaintiff – or injured party – either is exaggerating his injuries or that they existed before the accident. If you do have a pre-existing condition that could be used in such a defense, it is essential that you let your Seattle auto accident attorney know. Moreover, he or she will advise you not to over-state your injuries.

Claiming You Were at Fault

Another common defense is to claim that you were in some way at fault for the accident. The defendant may admit to being partly responsible, but argue that:

• Your actions contributed to the accident.
• You could have prevented the accident.
• You were in fact completely responsible for the accident.

The latter claim is less likely than the others. However, if you stopped suddenly or made a turn without signaling, the defendant may have grounds for suggesting that you share in culpability for the accident. This is termed contributory or comparative negligence, which means either that your actions contributed to the accident or that your negligence needs to be compared to that of the defendant. Should there be some validity to this defense, your Seattle auto accident attorney will need to establish that your liability was less than that of the defendant.

Claiming Someone Else Was at Fault

The defendant may also claim that someone else was at fault. For instance, he may claim that the actions of a third driver caused the collision. Other arguments that could be made are that road conditions were hazardous, and that the responsible government entity should have taken measures to secure the area; or that a defect in the defendant’s automobile led to the accident.

If You Have Been Injured

If you are injured in a car crash due to the negligence of someone else, it may be in your best interests to hire a Seattle auto accident attorney. Call Chris Thayer to arrange a free consultation today at (206) 340-2008.